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Regular Session, 2014
SENATE BILL NO. 412
BY SENATOR MORRELL
EMPLOYMENT. Provides with respect to retaliation in employment. (8/1/14)
AN ACT1
To amend and reenact R.S. 51:2231(C), 2232(12) and (13), the introductory paragraph of2
2235 and (9), 2237(1), and 2256 and to enact R.S. 23:304, relative to employer3
retaliation; to provide with respect to the Louisiana Commission on Human Rights;4
to provide with respect to whistle blower protection in discrimination cases; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 23:304 is hereby enacted to read as follows:8
§304. Retaliation9
A. It shall be unlawful for an employer to discriminate, retaliate,10
terminate, or take any adverse employment action against any employee for11
inquiring about, disclosing, comparing, or otherwise discussing the employee's12
wages or the wages of any other employee, or aiding or encouraging any other13
employee to exercise his rights pursuant to this Chapter.14
B. Any employee who has filed a complaint or instituted any proceeding15
or investigation relative to discrimination pursuant to this Section, or any16
employee who has provided any information in connection with an inquiry or17 SB NO. 412
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proceeding relative to any discrimination pursuant to this Section shall be1
protected by, and may institute and action pursuant to R.S. 23:967 or R.S.2
51:2256.3
C. The investigation of any claim brought under this Section may be4
conducted by the Louisiana Commission on Human Rights as provided in5
R.S.23:303.6
Section 2. R.S. 51:2231(C), 2232(12) and (13), the introductory paragraph of 22357
and (9), 2237(1), and 2256 are hereby amended and reenacted to read as follows:8
§2231. Statement of purpose; limitation on prohibitions against discrimination9
because of age10
* * *11
C. The Louisiana Commission on Human Rights shall have enforcement12
powers including adjudication of claims of discrimination prohibited by R.S. 23:312,13
323, and 332, sickle cell trait discrimination prohibited by R.S. 23:352, and14
discrimination because of pregnancy prohibited by R.S. 23:341 et seq. Chapter 3-A15
of Title 23 of the Louisiana Revised Statutes of 1950.16
§2232. Definitions17
As used in this Chapter:18
* * *19
(12) "Discriminatory practice in connection with employment" means an20
employment practice prohibited by R.S. 23:312, 323, or 332 Chapter 3-A of Title21
23 of the Louisiana Revised Statutes of 1950.22
(13) "Unlawful practice" means a discriminatory practice in connection with23
employment, a discriminatory practice in connection with public accommodations,24
or any other practice prohibited by this Chapter or by Chapter 3-A of Title 23 of25
the Louisiana Revised Statutes of 1950.26
* * *27
§2235. Powers and duties of commission28
In the enforcement of this Chapter or of Chapter 3-A of Title 23 of the29 SB NO. 412
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Louisiana Revised Statutes of 1950, the commission shall have the following1
powers and duties:2
* * *3
(9) To receive, initiate, investigate, seek to conciliate, hold hearings on, and4
pass upon complaints alleging violations of this Chapter or of Chapter 3-A of Title5
23 of the Louisiana Revised Statutes of 1950.6
* * *7
§2237. Local human rights commissions8
Any parish or municipality, or one or more parishes and municipalities acting9
jointly, may create a human rights commission, hereinafter referred to as a "local10
commission":11
(1) To provide for execution within its jurisdiction of the policies embodied12
in this Chapter, Chapter 3-A of Title 23 of the Louisiana Revised Statutes of13
1950, and the Federal Civil Rights Act of 1964 (78 Stat. 241).14
* * *15
§2256. Conspiracy to violate this Chapter human rights and discrimination laws16
unlawful17
It shall be an unlawful practice for a person or for two or more persons to18
conspire:19
(1) To retaliate or discriminate in any manner against a person because he20
has opposed a practice declared unlawful by this Chapter or by Chapter 3-A of21
Title 23 of the Louisiana Revised Statutes of 1950, or because he has made a22
charge, filed a complaint, testified, assisted, or participated in any manner in any23
investigation, proceeding, or hearing under this Chapter or by Chapter 3-A of Title24
23 of the Louisiana Revised Statutes of 1950.25
(2) To aid, abet, incite, compel, or coerce a person to engage in any of the26
acts or practices declared unlawful by this Chapter or by Chapter 3-A of Title 2327
of the Louisiana Revised Statutes of 1950.28
(3) To obstruct or prevent a person from complying with the provisions of29 SB NO. 412
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this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of1
1950 or any order issued thereunder.2
(4) To resist, prevent, impede, or interfere with the commission, or any of3
its members or representatives, in the lawful performance of duty under this Chapter4
or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Morrell (SB 412)
Present law protects an employee from reprisal in specific situations relative to information
given by an employee regarding any violation of labor laws.
Proposed law creates a provision regarding protection for retaliation in employment to the
Chapter in which the discrimination statutes exist.
Present law defines "discriminatory practice in connection with employment" to include
employment practices prohibited by Title 23 of the La. R.S., including age, disability, race,
color, religion, sex, or national origin.
Proposed law retains present law and extends the definition of "discriminatory practice in
connection with employment" to include all of the discrimination statutes in Chapter 3-A of
Title 23 of the La. R.S., which would add veterans, pregnancy, childbirth, and related
medical conditions, sickle cell traits, and genetic information.
Proposed law clarifies that the procedures in present law shall be used in the investigation
and complaint process for all employment discrimination laws, including the power of the
Louisiana Commission on Human Rights to investigate issues of employer retaliation.
Effective August 1, 2014.
(Amends R.S. 51:2231(C), 2232(12) and (13), 2235(intro para) and (9), 2237(1), and 2256;
adds R.S. 23:304)